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CONTRACT 5194 Public Works Contract CLOSEDAgreement No. 5194 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND KANA SUBSURFACE ENGINEERING WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 This CONTRACT is entered into this 7th day of SePtember, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Kana �N ' Lfl lwtc 1: "r "rgil G 4�' W. �N "w11 1w nia !Lor �fp� raiigLi, ("the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B., The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor wi ll furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and al l matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed One Million 'Thirty One "I "housand, "I "lace I IMurtid ed l i slily ne Qollars ($1 �031_391.QQ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE, A. The Contractor will fully complete the Work within One Hundred Thirty (130) working days (the "Contract Time. ") I -D -1 Agreement No. 5194 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until, The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240- 10240.13. THIRD PAR'T'Y CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not I -D -2 Agreement No. 5194 in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Public Works City of El Segundo 350 Main Street, El Segundo, CA 90245 Attn: Arianne Bola The Contractor Kana Subsurface Engineering 9674 Hermosa Ave. Rancho Cucamonga, CA 91730 Attn: Erick Castro Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. I -D -3 Agreement No. 5194 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County, 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I -D -4 Agreement No. 5194 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. KANA SUBSURFACE, ENGINEERING a Erick Castro, Pre ident ATTEST: Taxpayer ID No. 47- 2829988 �rOy c� v e C�y Clerl< APPROVED AS TO FORM: m lr D. Hensley, City Attorney Insurance Reviewed by: mm ,..� I -D -5 Contractor State License No.: 1002768 Contractor City Business License No.: Agreement No. 5194 FAITHFUL PERFORMANCE BOND WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Bond No. 9224890 Bond Fee: $11,823.00 Kana Subsurface En ineerir� ._v ( "PRINCIPAL ") and Fidelity and Deposit Company of Maryland , a corporation incorporated under the laws of the State of Maryland and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of One Million, Thirty One Thousand 1, free 11undre i i I,ty O c Qolkirs ($j.03 1.33 I.0(!), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which surn PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. BOND CONDITIONS I. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -04, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -04) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I -E -1 Agreement No. 5194 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -04 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; . A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in frill force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E -2 SIGNED AND SEALED this 13th day of Principal: Kan4S ubsurfacp Engineering P INCIPAL's PRESIDENT PRINCIPAL's S1 ClZF ARY PRINCIPAL'S MAILING ADDRESS: Kana Subsurface Engineering ..._W ........ . ��.. 12620 Magnolia Ave. verside, CA 92503 Agreement No. 5194 September 20 16 Fidelity and Deposit Company of Maryalnd I S I. i IZEJY -5:9�€i�F�A4;�Y= Kirn Luu, Attorney -in -Fact SURETY's MAILING ADDRESS: Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E -3 - A r ixte, cubilr e S fl r r,Picer c oin l tlmtr S flils certificate verifies only the iue, ail' ''A t t1r1: i I n �u „- ,vho signed the doc ument to which this certificate validity document..,, 3s ;:Rt�1wvY.�,�:i, ana �, ttti� � ;ws.o-tfHfulnk,tis. �sccuracy orvafidity or that State of California } San Bernardino County of _ ®...e........... r Oil September 13, 2016 ersoriall era patted Erick Castro p y i i- ' Agreement No. 5194 CAL INIA ALL - PURPOSE CI. "ITFICATE OF ACKV OWLEDGMENT Jessica L. DuBois, Notary Public before me, ,".; uUe al the olht er} r who pruved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /thic y executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on tits, i, .,ournent the person(s), or the entity upon bchali of which the person(s) acted, executed the instrument. I certify tarzc?. i PEI'dALTY OF PERJURY under the laws of the Skate 'Of C�;,14 ;1 rtid that the foregoing paragraph is true and correct. I Val "ftVcSS my hand and official seal. Sign:i ure , 'JESSICA I. DUBDIS COW #201942 1 z Notary Public - Calitornia o San Bernardino County Comm. lax free Ant t2.2t17 (Seal) OPTIONAL 1NFO/ ?MATI0i All 11 OW, P, I' h arlurf nation in this section is not required by law, if could preve °r:; P," .+ hrleot removal and reattachment of this ackno•,vir,ctgfi i io cin unauthorized document and nfoy prove useful to pr/.r'r, lying on the attached document. Lesc.i i r ctf Attached Document Tlie prd � edin_; Curt Iicate of Acknowledgment is attached to a document tlded/fui tr;:, �urijt)se of Faithful Performance Bond Water Meter Replacement Project No. PW 16 -04 ct.w. < 11 itI ', 1 pages, and dated September 13, 2016 ,iI;l ity or authority islare as: k ­`� "' �s`` President C:; I cur t.� iruct�l(,j flP� o C:� .. ., ✓r ii'.. _. c � . scut i Fait•:�I (!!: � �- rfiCeh�leral lru ri;iu {�) fJamN(S) Of i'cr;un;s; a EnlityGes) Siynci s Ikq>+c:�rnllnu o - nc PO Dar -+n�, ;lo-. '. :"Cs' 'k S031 r -0507 All ,t 9 <<, gcg<ir rn, r om Nut,*e< r 07 0 0 idf A witiieia„rre9t,tatuftu.�ytttrrre s ui me on the basis of satisfactory evidence, lour,(s) of cientificadon ' credible w mess(es; ! event ;s detailed in notary journal on Page N Entry 9 ;;L:ry c(7ntacf: r °.' uui;a signer(s) signcr(sl Ihumhprinl(s) -+ is . your Au;hanced iieseller u, twchow cop ^, of 1hrs form , ------ �l *#ks ~`^ lie "lui=°�' °=°°"°"=" | �^ uomUX'lc* u` u u,' v r walld/ m,hat docoInenlL � State of California ) San B8[O8PdiOO i County of / Geohannb8[13 2016 Oil '— ' �@Oi�� LOC�� pe/aonaUyappea*��____� _ Agreement No. 5194 �v~~A uFORN"A ALL-PURPOSE CERTIFICATE OF �n'nU����U �K���0��U�7F r���^�,����°n~u.����o�nu-vwn Jessica L DuBois, Notary Public before me, ---' -------- � --- -------------------^ 1 who p, oved to me on the basis of satisfactory evidence be the 4s)whose name(s) is/aresubscribed to ' the within instrument and acknowledged to me that he/ahe/t>.uy !�uecuted the same in his/her/their authorized capadcy(|es), and that bvh|s/her/thw|rsignature(s) on thu hat/unmentthe person(n),pr the entity upon behalf n( which the person(») acted, executed the instrument. | |cerd(y under PENALTY OF PERJURY under the laws oythe State o(Calliomia that the foregoing paragraph is true and correct. V0[UNESSoni, nand and official seat, 8gna�u/e COMM. #2019421 z Notary Public - California ~ San Bernaidino County My Comm. Expires Av 017 | ---- | -------- OPTIONAL INFO�MATIC(r -- i � / � /mthis, seciion is riot required by law, xcoulldpfew ouleo,,enm~mon«=mooconn=/o/»hi5 | uC Attached Document The pn ceding [e/,Jhcxteof Acknowledgment |saMachpdtoadocument °lc«'»«mmm^eqwewmm4mn titled/for the purposeof Faithful Performance Bond /. e,mn°on the basis ov satisfactory evidence u""w"/ uemamoon o,m.m,°mu`(eC � Water Meter Replacement Project NO. PVV 16-04 / ' '.u(e,mt/^ detailed .o notary journal vn � pages, and daed September 13,2016 mo,x Entry ! ` cv authority is/'aeas: °/uw,a,r P[8Sid8OƒS Secretary ^",^"uso�rN aonf_w}n""apdn/w | w u ! ----------- — Agreement No. 5194 D 1.1T"ttA 1A. AUII L- 1z1L11'1POSA AMNOWLEDGMEN " "f' (�AVIL.. CO1111 "�)E §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On . � 1( .� ........before :tin .. ...... Date�� personally appeared Jeri Apodaca Notary Public Here Insert Name and Title of the Officer Kim Luu Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(s� is/an subscribed to the within instrument and acknowledged to me that he /she /ttveycexecuted the same in hWher /%eir(authorized capacity(6ea� and that by Nz)(her /ftdx signature(s) on the instrument the person(sj, or the entity upon behalf of which the person( acted, executed the instrument. %�wili�n&rrA'k�uwu0"lu�� �,aur mw''konntiu�m�?"Wi�r�,1Nrnn wl %w;:z�rho,�e0 d dr JERI APODACA Commission # ?081689 t Notary Public - California Orange County hvl y t J 4,,,, , omrn � < i Oct 1 es„ �i f'ff „ „ "� Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i .. M 4" i,7r �: °rf Nc)t �s�� iii i " — 1-1-11 . mm ..... OPTIONAL -...m . . Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ . Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:,,,,, , m.. .e ...�... Corporate Officer — Title(s): .. Partner — ' Limited :i General Individual x! Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: Signer's Name ............. Corporate Officer — Title(s) , �. Partner — ., Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 State of California County of Orange Agreement No. 5194 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADMI I 1 El:) SURETY INS URER. Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT FIDELITY AND DEPOSIT COMPANY OF MARYLAND has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 19TH day ol': September, 2016. Hi a4 Nguyen, Orange County Clerk- Recorder TtKc Cuevas, Deputy Clerk- Recorder (Purple Seal) 9 NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834 -2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 5194 LABOR AND MATERIALS BOND WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Bond No. 9224890 Bond Fee: Included In Performance Bond Dana Subsurface En meering 1 11 , as principal ( "PRINCIPAL ") and Fidelity and Deposit Company of Maryland a corporation incorporated under the laws of the State of Maryland _ and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of One, M illlon mI'llirt One Thousand. Three Hundred E 1$ 1,,03 l .�iC ), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in WATER METER REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 16 -04 ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -04, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -04), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. I -F -1 Agreement No. 5194 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -04, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F -2 SIGNED AND SEALED this 13th day of Principal: Kana ibsurface igineering PRINCIPAUATIESI DENT PRINCIPAL's StiCRIETARY PRINCIPAL's MAILING ADDRESS: Kana Subsurface Engineering 12620 MagnoEaa_Ave. Riverside, CA 92503 ...... . . ........................ . . ..... Agreement No. 5194 September 120 16 Fidelity and Deposit Company of Maryland S S URETY4:94---tRF=f-A:R� Kim Luu, Attorney -in -Fact SURETY's MAILING ADDRESS: Fidelity and Deposit Company of Maryland - . ..... . . . . ....... . .. 77. 7 S..o ... t h Figuetp1 51p , %lite 39-- 0 Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I-F-3 A not,ay i(,�+,bilc ur uther t4flceir cornpletim�p Ulk Certificate Yell 104 only the ideraity wt the lndivfduaG vol lo signed the aWnt° fnient to which this certificate �i Y ily of th tt document. Is attaci 4�rtd, and not the tom3tht!iugr�ess, accuracy, or wallet e y „4m State of California Count of San Bernardino County . ".._... _ 1111...,.. On September 13, 2016 personally appeared Erick Castro Agreement No. 5194 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT m before me, Jessica DuBois, Nota ry Public �......�....�. ude of the officer( a who proved to me on the basis of satisfactory evidence to be the persoi i(') whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they �.Kecutecl the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on thu iti:,trument the person(s), or the entity upon behair of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS fny hand and official seal. Signature � mm JESSICA L. DU COMM. #2019421 z . Natary Public - Califorftia o z San Bernardino Coo t Comm. Ex iras Any . l2„ (Seal) OPTIONAL INFORMATION f14Ghc9tr ,;ih the inicirrnalfon in this section is not required by low, it could preve,) r o, :-.r.h deor reenovc)l and reattachment of this ar Aifo,vdcclyrt?ernt to arr unrunhorized document and may prove useful to persoo ran flue aticached document. Descripdoi i of Attached Document The pt�ce:ding Cerf licate of Acknowledgment is attached to a document tltle(i /ior the ,,pose of Labor and Materials Bond Water Meter Replacement Project No. PW 16 -04 cons ,,nine, 1 pages, and dated September 13, 2016 i ) l ;vS ,,,J 'i1 i 'i I � if" 1 NO %I�i��' ' 7vt ;:: >u of Signer Identification < < .:a to me on the basis of satisfactory evidence: b_nrrr(s) of dentification : , credible w tness(es; uwrhl event ;s detailed in notary journal on Page ff Entry k The si= ;,ter(.} capacity or authority is /are as: i�_iorycontact: �ndlvldua((s) AllOfi;Cy' in President signer(s) Signcr(Whumhprint ( s) C'Irjulate Ufii�et(s) Ciu;;rt!:ar i /t.::amel va�ur F.I,n:el tlnlit;�ciilyeneral rrtl�ii`r(S) C):i ?er I Name(s) of Pcrson(:r or EnrityOus) Signer s kctnclenllrin o Copy -i1 l )' „ . , , , : -:Nm -nc PO Bar 4 1100, Ues r oines, dA 50311.0507 All H,ghls Hew ,ed Hun Nwvtlo ;:r W:;Wt your Audi alikeU keseRer to Purchase cap es of this form A nolmy T,,,�i,bl I c w uvther ufficer completint tfiil,� cortlificale verifies only the idemay %d dw kuhJduahtwho sigmi Is atl;wilwd, arid i uo( the truthfulness, accuracy or validity of that document, State of California County of San Bernardino Agreement No. 5194 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On September er __ 13 2016 . " before me, ....,es, Jessica , -, , , L D _ uBois, Notary 11 Publi c (k,lw i,: .o irld (Ille of the officer) personally appeared Daniel Locke ............... . who proved to me on the basis of satisfactory evidence to be the person(,) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ------ OPTIONAL INFORMATION' ,,111hos!gh the ;oformation in this sectioij is not required by iow, it ccutdprevew fe.; ... iulent removal and reattachment of this to an unauthorized document and moyprove useful to pelso,,i r,, � ,yjny on the attached document. Dcri,:)tion of Attached Document 14, The, pfeceding Cert ficate of Acknowledgment is attached to a document ivressrcd of Signer Identification titled/lor (he purpose of Labor and Materials Bond l"j, cd (o me on the basis of satisfactory evidence: forms ) of dentification i icreclible w tness(es' Water Meter Replacement Project No. PW 16-04 1 , aliul event is detailed in notary journal on cont'd[liny 1 pages, and dated September 13, 2016 Page N Entry )I The SiilIH(S) (_,`.PJClLy or authority is /are as: 1HUIVIdL1016) Atturouy ln-Fac I President's Secretary CQl pjfalir 0111cef(s) 1g, tJdnIL'($) of PtI$oIII'j fnl,ty(ies) S1911v 5 llcp,monlinij tiny contact! ;,ddiuo" Slgrier(s) S1gner(s)Ttwrn1bpflnt(s) 1) cu;_'IYTI�0'r 1 : e 1 " ;2 , f y ' c `0 60K 41400, DeS t,e, fy'S. LA 50311.0507 All Rhin a flel­,�,vpd lie;fn Num0er p t. oiAlCt yow AU11101iZed Reselker 10 purchase Cop et of IN$ foorn JESSICA L, 01.180IS COMM. #2019421 z Notary Public . California 0 z San Bernardino County My Comm. Explres_Apr._ 12, 2017 (Seal) ------ OPTIONAL INFORMATION' ,,111hos!gh the ;oformation in this sectioij is not required by iow, it ccutdprevew fe.; ... iulent removal and reattachment of this to an unauthorized document and moyprove useful to pelso,,i r,, � ,yjny on the attached document. Dcri,:)tion of Attached Document 14, The, pfeceding Cert ficate of Acknowledgment is attached to a document ivressrcd of Signer Identification titled/lor (he purpose of Labor and Materials Bond l"j, cd (o me on the basis of satisfactory evidence: forms ) of dentification i icreclible w tness(es' Water Meter Replacement Project No. PW 16-04 1 , aliul event is detailed in notary journal on cont'd[liny 1 pages, and dated September 13, 2016 Page N Entry )I The SiilIH(S) (_,`.PJClLy or authority is /are as: 1HUIVIdL1016) Atturouy ln-Fac I President's Secretary CQl pjfalir 0111cef(s) 1g, tJdnIL'($) of PtI$oIII'j fnl,ty(ies) S1911v 5 llcp,monlinij tiny contact! ;,ddiuo" Slgrier(s) S1gner(s)Ttwrn1bpflnt(s) 1) cu;_'IYTI�0'r 1 : e 1 " ;2 , f y ' c `0 60K 41400, DeS t,e, fy'S. LA 50311.0507 All Rhin a flel­,�,vpd lie;fn Num0er p t. oiAlCt yow AU11101iZed Reselker 10 purchase Cop et of IN$ foorn Agreement No. 5194 CAIJIWuCIRNIIA A111-PURPOSE AC O iItMG!'1404'r CI VII CODE § 1189 � n"'C«iU" C sM'; ,u ;'. neX44 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County Or Coun of e .... . ..w ...,,an .9. °, On S E P° °al � 3 2016 before me, Date personally appeared Jeri Apodaca Notary Public Here Insert Name and Title of the Officer Kim Luu Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is /am subscribed to the within instrument and acknowledged to me that he /she /ttwexecuted the same in IiWher /bbaixauthodzed capacity(E and that by hds *ier /Rmdx signature(* on the instrument the person(s�, or the entity upon behalf of which the person(;) acted, executed the instrument. JERI APODACA` � w Commission # 2081689 Notary Public - California �,. Orange County Kv Comm I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature °�'�' I' w ,��•� Place Notary Seal Above M .. ...... ° °° .oP W ° ° °.. aw., rvri — OPTIOIIIAt Though this section is optional, completing this information can deter afteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: „ °, °,. ° " Document Date: Number of Pages: - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _M µ .. ,A ., ........... . .... , .. Corporate Officer — Title (s): _ ... „..� Partner — a. Limited _:i General Individual X' Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name „ °............ Corporate Officer — Title(s): Partner — ,; Limited :,I General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: .., ......... '�; 1X%X1X,,V.MV (Xv"WAM. te a ' " +v n w w 8 V r- ;V4-MXf ;,,1rz P-11 1 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 Agreement No. 5194 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of June, A.D. 2016. ATTEST: BY COMPANY ZURICH AMERICAN INSURANCE 1 RAL •°""' �" tVnw ^«� S "I"", rwwww "` t Secretary Vice President Uric D. Barnes Michael Bond State of Maryland County of Baltimore On this 3rd day of June, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. s h'4 «kd� M M f^�r f�wdk6 M1 &44 Y yww Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 012 -9310Q State of California County of Orange Agreement No. 5194 HUG H NGUYEN CLERK - RECORDER CERTIFICATE OF ADMITTED SURETY 1NSURE'R Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT FIDELITY AND DEPOSIT COMPANY OF MARYLAND has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 19TH day of September, 2016. HuLi Nguyen, Orange County Clerk- Recorder ulKe Cuevas, Deputy Clerk- Recorder (Purple Seal) ^"d � Py R'� p P➢ P'V 'Id� N } ti NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834 -2500 • FAX (714) 834 -2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 5194 PROPOSAL FOR THE WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Date August, 22 , 2016 Company Name: TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 Agreement No. 5194 EQUAL E1"4 1"LOYMEN'r OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation malting a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 Agreement No. 5194 BID SCHEDULE WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Company Name; Kana Subsurface Engineering A. EAST OF SEPULVEDA BLVD. ITEM DESCRIPTION UNIT QTY UNIT AMOUNT NO. PRICE IN FIGURES Furnish and Install' /4 -inch Spectrum 30 1 Metron Water Meter as described in EA 2 $ 580.00 $ 1,160.00 these Specifications. Furnish and Install 1 -inch Spectrum 50 2 Metron Water Meter as described in EA 10 $ 710.00 $7,100.00 these Specifications. _ ............ ......................_........ Furnish and Install 1.5 -inch Spectrum 3 88 Metron Water Meter as described in EA 19 $ 1,1.69,00µw $ 22,040.00 these Specifications. — Furnish and Install 2 -inch Spectrum 130 4 Metron Water Meter as described in EA 73 $,1,660.00 $ 121j80.00 these Specifications. . ....... Furnish and Install 3 -inch Spectrum 175 .. � .................. 5 Metron Water Meter as described in EA 25 $, 4 390.00 these Specifications. Furnish and Install 4 -inch Spectrum 500 6 Metron Water Meter as described in EA 19 5,610.00 $- $.1..0. these Specifications. ..- ...a....._... _ . . .......... Furnish and Install 6 -inch Spectrum ..... .... ........ ..... ..., 7 1000 Metron Water Meter as described EA 9 $6850.00 $ 61 650.00 in these Specifications. -''' Furnish and Install 6 -inch Enduro 2800 8 Metron Water Meter as described in EA 1 $ s 811.00 $ 8,811.00 these Specifications. w I -C -3 a Agreement No. 5194 ITEM DESCRIPTION UNIT QTY UNIT AMOUNT NO. PRICE IN FIGURES Furnish and Install 8 -inch Enduro 2800 9 Metron Water Meter as described in EA 2 $mloaao.00 $20,880.00 these Specifications. � _.. Non- standand Water Meter ............. Replacement (Time and Materials LS 1 10 Allowance) as described in these $100,000.00 $100,000.00 specifications. _.... B. Alternative Bid Items Determined by the Ci .- ............. ___.m on as- needed basis ........ _.. Miscellaneous Water Improvements 11 LS 1 $100,000.00 $100,000.00 SMOKY HOLLOW .... . _m ....... .. ........... ._._ _...... _ Furnish and Install 3/ Spectrum 30 12 Metron Water Meter as described in EA 117 $ 580.00. $ 67,860.00 these Specifications. Furnish and Install 1 -inch Spectrum 50 _w 13 Metron Water Meter as described in EA 43 $ 710 00 $, 3o,5so.00 these Specifications. Furnish and Install 1.5 -inch Spectrum 14 88 Metron Water Meter as described in EA 28 $ 1,160.00 these Specifications.. Furnish and Install 2 -inch Spectrum 130 15 Metron Water Meter as described in EA 19 $ 1,660.00 $3w�5ao,00ww these Specifications. i Furnish and Install 3 -inch Spectrum 175 16 Metron Water Meter as described in EA 10 $_4 x390.00 $ 43,900.00__ these Specifications.........._...... Furnish and Install 4 -inch Spectrum 500 17 Metron Water Meter as described in EA 8 $ 55 61_ 0.00 44 these Specifications. _88Q-,.0"0 Furnish and Install 6 -inch Spectrum 18 1000 Metron Water Meter as described EA 7 $ 6,850.00 $ a7,ss000 in these Specifications. I -C -3b Agreement No. 5194 ITEM DESCRIPTION UNIT QTY UNIT NO. PRICE IN AMOUNT FIGURES Furnish and Install 8 -inch Enduro 2800 19 Metron Water Meter as described in EA $10,440.00 $ pro 0q w these Specifications. TOTAL BID ITEM ITHROUGH 19 = $, 1,031 381.00 TOTAL BID WRITTEN IN WORDS:. �:t.xe and Zero Cents I -C -3c (BLANK PAGE) I -C -3 c Agreement No. 5194 Agreement No. 5194 BIDDER'S INFORMATION Company Name: ,,,, I a�gbqofngjn eriW BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) California Business Kana Subsurface En ineerin Address 9674 Hermosa Ave Rancho Cucamonga, CA 91730 Telephone No. 909 204 -5987 ._.... . ..... . ..................... - Facsimile No. (909) 204 -5990 State Contractor's License No. and Class 1002768 A Original Date Issued 7/09/2015 Expiration Date 4/30/2017 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: Erick Castro, President, 9674 Hermosa Ave, Rancho Cuicaorion a, CA 91730, 714 - 251 -8869 Daniel Locke. Secretaty . 1639 E, Miralama Aye Plaggnt�a, CA 92.870 714- 986 -1400 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: Kana Subsurface Engineering, Inc. I -C -4 Agreement No. 5194 BIDDER'S INFORMATION (CONTINUED) Company Name: Kana subsurface Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Erick Castro Title: President I -C -5 Agreement No. 5194 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 22 day of Auaust , 2016 BIDDER Kana Subsurface En ineerin Inc. 9674 Hermosa Ave Subscribed and sworn to this ���� ° day of � 20_&P ' NnTARV PITRI.IC M--M- w IM61 Agreement No. 5194 PROPOSAL GUARANTEE BID BOND WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 KNOW ALL MEN BY THESE PRESENTS that, Kana Subsurface Engineering , as BIDDER, and Fidclit arrd Deposit ('oni an lLinc! , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of the Total Amount Bid DOLLARS ($ 10% of Bid ), which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 18th day of August ,, 20 16 BIDDER* Kana Subsurface Engineering 9674 Hermosa Ave., Rancho Cucamonga, CA 91730 (714) 986 -1400 W 777 S. Figueroa St., #3900 SURETY* Fidelity and Deposit Company of Maryland Los Angeles, CA 90017 _..— ( I /1� I () . , (,W" � I .'�' "A (213) 270 -0715 Heather Saltarelli',- ttorney -in -Fact 1301 Dove St. #200 Newport Beach, CA 92660 (949 756 -0271 See Attached Notary Ackno ledginent Subscribed and sworn to this day of U , 2016 .. NOTARY PUBLICC"b"° *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. ROBIN J. FOSSELMAN Commission # 2074036 Notary Public - California Los Angeles County M Comm. Ex ices Au 1 3, 2018 I -C -7 Agreement No. 5194 CALIFORMA ALL-FOUIRPOM ACKNOWLEDGMENT' CIVI IL CODE § 1189 . . . . . ......... . ...... . . . . . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. - � ................... . . """ .. ................ .... ....................... . .... . ..... . .. . .... -- ..... . ..... . . . . . ....................... . . ........ . -- . ................ State of California County of . . u........ Orange On AUG 18 2016 before me, Rhonda C, Abel, 1Notar`y-P,4b-1,iq--- Date Here Insert Name and Title of the Officer personally appeared . .. . . . .............. . . . ..... .. ... Heather Saltareili . . Heather --- -- . .. ......... .... - Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sheMmx executed the same in his/her/MU authorized capacity(, and that by bds/her/M?Q9 signature(6) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RHOP41,)A C. ABEL Comm. #2051838 N TARY PUBLIC 0 - CALIFORNIA ORANGE COUNTY 0 Signature,,'' M11M, EXPIRES DEC. 14 2017 - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ,, , _ . .... .. .. _ . ....... . ...... . .... . Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . ..... ...... .... .. ..... . .................. Corporate Officer - Title(s): -, , ____ . . ....... . .. Partner - Limited I- � General Individual Ki Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing Signer's Name: ... . ...... ---_ , __- .. . ....... . ....... . .... . ................................... Corporate Officer - Title(s): m, ... .... .... ........ . . Partner - Limited ' , General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: .......... ............. . .... . .................. ... .. AIVIMIMIMV 3%;4A1.1(1V0VA11V.X11 M (All qW;V111 %KAX txl�IlLnc",T�L"<,U(IlXV.lt.All�ll;� 1%, (11w, txls @2014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 5194 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN IS AC COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of June, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � �er�r tray M, 89AL IM x pp A Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 3rd day of June, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written POA -F 012 -9310Q Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 012 -9310Q Agreement No. 5194 EXTRACT FROM BY-LAWS OF THE COMPANIES w"MV, /4""d Gerald F. Haley, Vice President Agreement No. 5194 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 1002768 Class No.: A 2. The expiration date of BIDDER'S Contractor License is: Aril 30 „ 20 17 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on 8122 , 20 16 at Placentia CA (insert City and State where Declaration signed). Signati re Erick Castro Typed Name President Title Kana Subsurface nD�rL cL�LnAc Company Name I -C -8 Agreement No. 5194 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Orange ) Erick Castro , being first duly sworn, deposes and say that he or she is President of Kana Subsurface Engineering the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signattmr° Erick Castro Typed Name President Title I -C -9 Kane Subsurface En ineerin Name of Bidder /Company Name Date Agreement No. 5194 CALIFORNIA I TH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Docur°nent (Notary to cross out lines 1-6 below) See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of 101 . — on ts � ' t , 20 by Date Month Year tic ROBIN J. Commission C# 2074036 (and (2) ..... w_w_w_ ), Notary Public - California Name(s) of Signer(s) Los Angeles County My Comm. E sires Au 3, 2018 proved to me on the basis of satisfactory evidence person p) p) . be ore me. to e the e who appeared Signature ' Signature( Notary P blic Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Document: Document 1 Document Date: Number of Pages: Signer(s) Other Than Named Above: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5910 Agreement No. 5194 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: r id at Business Name: Kana Subsurface Engineering Business Address: -WA Hermos V Rancho Cucamonga, CA 91730 Telephone Number: 909 204 -5987 Dated this 22 day of August , 2016 . I -C -10 Agreement No. 5194 DESIGNATION OF SUBCONTRACTORS WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Company Name: Kana Subsurface Engineering BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one -half of one percent (1/2 of 1 %) of the bid and to procure materials and equipment from suppliers and vendors as follows: Name of Sub- Description of Subcontractor contractor portion of License Work Estimated Number Address Subcontracted $ Amount Supplier - Metron - Farnier Not Applicable 5665 Airport Blvd Water Meters & $405,405.00 Boulder, CO 80301 Spools II I -C -1 I Agreement No. 5194 REFERENCES Company Name: Kana Subsurface Engineering * *Work performed my sister companies and employees. ** The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: Project Title; Cressa Water Meters Location: Irvine, CA The New Home Company, 85 Enterprise Suite 450 Aliso Viejo CA 92656 Name and address of owner Frank, 949 - 981 -9790 Name and current telephone number of person familiar with project Type of Work: Install New Water Meters and Service Valces. Contract amount: $ 42,871.00 Date completed: Amount of work done by my /our firm under contract $ 42 871.00 Did your firm have any financial interest in Project? _ No. 2. Project Title: Lafayette Metters Location: Irvine, CA Richmond American 5171 California Ave Suite 120 Irvine CA 92617 Name and address of owner Lance„ 951- 258 -1857 Name and current telephone number of person familiar with project Type of Work: Install V Water Meters Contract amount: $_4.8,.Z_19,..47 Date completed: QwrenL ......._ _" Amount of work done by my /our firm under contract $-4-8.719,,47 Did your firm have any financial interest in Project? I -C -12 N f olifll 11 ll� � Agreement No. 5194 3. Project Title: Auburn Water Meter Location: Irvine. CA Richmond American, 5171 California Ave Suite 120, Irvine, CA 92617 Name and address of owner Lance, 951 - 258 -1857 Name and current telephone number of person familiar with project Type of Work: Water Meter Installation Contract amount: $m 0,570,QQ , Date completed: Current Amount of work done by my /our firm under contract $_ 16,578.00 Did your firm have any financial interest in Project? 4. Project Title: Stone ate KB Homes Meter Install Location: lix-be, CA KB Home 36310 Inland Valley Drive Wildomar, CA 92595 Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Water Meter Installation Contract amount: $ 9,900 Date completed: 6/2016 Amount of work done by my /our firm under contract $_9 ,900 Did your firm have any financial interest in Project? 5. Project Title: Strada Meter Install Location: Irvine CA The New Home Company, 85 Enterprise Suite 450, Aliso Viejo, CA 92656 Name and address of owner Frank, 949 - 981 -9790 I -C -13 Agreement No. 5194 Name and current telephone number of person familiar with project: Type of Work: Install Water Meters Contract amount: $ 4a,5 „ .............. ................. Date completed: mm8/2016 Amount of work done by my /our firm under contract $ 43,065 Did your firm have any financial interest in Project? No.�w _ ................... - ___www _ ..... ww. - Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Heather Saltarelli, 1301 Dove St. Suite 200 Newport Beach CA 92660 949 660 -5966 I -C -14 Agreement No. 5194 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Company Name: Kana. Subsurface En ineerin Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1 a Have you ever been disqualified from any government contract? Yes ❑ No XZ< 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as non - responsive]? Yes f2c No 11 r Bidder's Si „riature_ Erick Castro Name (Please Print) I -C -15 Agreement No. 5194 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 Company Name: Kana Subsurface Ena,ineeri g _ �..... ,, To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out -of -state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure t provide this insurance will render the bidder's proposal "nonresponsive." 8/22/2016 Date I -C -16 µ Bidder's Signature Agreement No. 5194 END PROPOSAL SECTION I -C -17 Agreement No. 5194 August 18, 2016 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for WATER METER REPLACEMENT PROJECT NO. PW 16 -04 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, August 23, 2016 at 11:00 am 2. Please see this project's attached Supplement to Addendum 1 for contractor questions and the City's responses to them. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non - responsive and subject to rejection. Signature: ,r., ��� " _.. .._ - - - -- ___ ---- ----------------- _ Date: Print Company Name: a .ubsud"a.e Eagunee 350 Main Street, El Segundo, CA 90245 -3895 (310) 524 -2300 Fax (310) 640 -0489 Agreement No. 5194 CITY OF EL SEGUNDO WATER METER REPLACEMENT PROJECT NO.: PW 16 -04 ADDENDUM NO. 1 SUPPLEMENT DATE: August 18, 2016 TO: All Prospective Bidders The following questions have been raised regarding this bid. The response to each question is provided here and made available to all prospective bidders. The information and clarification provided in this Addendum shall be considered as incorporated into the specifications for the above - referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. Question 1: Are any water meters located behind private property fence? Answer: Yes, there may be water meters behind the private property fence, but this should be addressed under the bid item 10 — non- standard water meter replacement. Refer to Section III.2 of the specifications (pages III -A -10 and III -A -11) as well as Section III.6 of the specifications (page III -A -23) for details. Question 2: Are we required to obtain any security clearances or background checks prior to getting on customers property (Raytheon, Boeing or AT &T)? Answer: Yes, this may be required if the said area is within a private facility with strict security. Question 3: Will all work outside meter box or meter vault be covered under bid schedule item 10 and 11? Answer. Yes, please refer to Section II1.2 of the specifications (pages III -A -10 and III - A -11) as well as Section III.6 of the specifications (page III -A -23) for details. Question 4: If 3" to 8" water meters require that they be replaced below the flange, will this be covered by bid item 10 and 11? Answer: Yes, please refer to Section III.2 of the specifications (pages III -A -10 and III - A-11) as well as Section III.6 of the specifications (page III -A -23) for details. Agreement No. 5194 Question 5: Will temporary water or bypass be covered by bid item 10 and 1 l? Answer: Yes, please refer to Section III.2 of the specifications (pages III -A -10 and III - A-11) as well as Section III.6 of the specifications (page III -A -23) for details. Question 6: Are adjustments or replacements of water boxes or vaults be covered by bid item 10 and I I? Answer: Yes, please refer to Section III.2 of the specifications (pages III -A -10 and III - A-11) as well as Section III.6 of the specifications (page III -A -23) for details.